Acquisition of land in project areas.

The Kerala Land Acquisition (Amendment) Act, 1966

Civil19669 sections

Read full ActSections

Statutory text

(1) Whenever land is proposed to be acquired in a project area, the provisions of this Act shall apply subject to the following modifications, namely :—
(1) for section 11, the following section shall be substituted, namely :— '11. Enquiry and award by Collector. —On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into—
- (a) the objections, if any, which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8 ;
- (b) the value of the land at the date of the publication of the notification under section 47 A;
- (c) the value of any improvements to the land effected after the date referred to in clause
- (b) and before the date of the publication of the notification under sub-section
(1) of section 3;
- (d) where there has been a normal rise in land value in the locality in which the project area lies after the date of the publication of the notification under section 47A and before the date of the publication of the notification under sub-section
(1) of section 3, such rise in price ;
- (e) the value of the land at the date of the publication of the notification under sub-section
(1) of section 3; and
- (f) the respective interest of the persons claiming the compensation, and shall make an award under his hand of-
  - (i) the true area of the land;
  - (ii) the compensation which in his opinion shall be allowed for the land; and
  - (iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him. Explanation.— For the purposes of this section and clause first of sub-section
(1) of section 25, the expression "land value" shall mean value of land not including improvements thereon.';
(2) in sub-section
(1) of section 25, for clause first, the following clause shall be substituted, namely: "first,
- (a) the market value of the land at the date of the publication of the notification under section 47A, the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section
(1) of section 3, and, where there has been a normal rise in land value in the locality in which the project area lies after the date of the publication of the notification under section 47A and before the date of the publication of the notification under sub-section
(1) of section 3, such rise in price subject to a maximum of twenty per cent, of the market value of the land at the date of the publication of the notification under section 47A, or
- (b) the market value of the land at the date of the publication of the notification under sub-section
(1) of section 3, whichever is less;"' 7. Validation of certain acquisitions
(1) Notwithstanding any judgment, decree or order of any court, every acquisition of land for a company made or purporting to have been made under Part VII of the principal Act or under the corresponding provisions of any of the Acts repealed by the principal Act before the date of the commencement of this Act shall, in so far as such acquisition is not for any of the purposes mentioned in clause
- (a) or clause
- (b) or clause
- (c) of sub-section
(1) of section 43 of the principal Act, or the corresponding provisions of any of the Acts repealed by the principal Act, be deemed to have been made for the purpose mentioned in clause
- (aa) of the said sub-section, and accordingly every such acquisition and any proceeding, order, agreement or action in connection with such acquisition shall be, and shall be deemed always to have been as valid as if the provisions of sections 43 and 44 of the principal Act, as amended by this Act, were in force at all material times when such acquisition was made or proceeding was held or order was made or agreement was entered into or action was taken. Explanation. — In this section, "company" has the same meaning as in clause
(4) of section 2 of the principal Act. 8. Repeal and saving
(1) The Kerala Land Acquisition (Amendment) Ordinance, 1980 (6 of 1980), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.

Study data processing for this section.

PDF: pending for this language.